The Text

When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, with the expenses of the proceedings, shall be paid by the person to be benefited. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the sole possession of the railroad company while used for such purposes. General laws may be passed permitting the owners or occupants of lands to construct and maintain necessary drains and ditches for agricultural purposes, across the lands of others, under proper restrictions and with just compensation ; but no special laws shall be enacted for such purposes.